Chapter 9.24


9.24.010    Definitions.

9.24.020    Prevention and eradication required.

9.24.030    Methods of disinfection.

9.24.040    Nuisance declared – Abatement.

9.24.050    Violation – Penalty.

9.24.010 Definitions.

For the purpose of this chapter, the following definitions shall apply:

“Disinfect” means and includes the cure, removal, and eradication of diseases or pests by cutting and destroying the infected parts, or the application of fungicides or insecticides specified in this chapter or other equally effective solutions or emulsions.

“Infected” and “infection” mean and include being affected by or infested with the disease or insect pests to which horticultural plants and products are subject.

“Nursery stock” means and includes fruit trees, fruit-tree stock, nut trees, grapevines, fruit bushes, rose bushes, rose stock, forest and ornamental trees and shrubs (both deciduous and evergreen), florists’ stock and cuttings, scions, and seedlings of fruit and ornamental trees or shrubs, and all other fruit-bearing plants and parts thereof and plant products for propagation or planting.

“Pests and diseases” means and includes all bacterial diseases or fungus diseases or insect pests (including both chewing insects and sucking insects) and the larva of any thereof, identified by science as injurious to horticulture. [Code 1980 at § 8.76.020].

9.24.020 Prevention and eradication required.

It is the duty of every person owning, leasing, or occupying any premises in the city upon which there is growing, grown, or situated any nursery stock or any horticultural plants to take and use sufficient methods and means to prevent infection of and to keep the same free from all diseases and pests. It shall be the duty of every such owner and lessee of any premises upon which are situated any infected nursery stock or horticultural plants to thoroughly spray the same with a proper solution or emulsion, or otherwise disinfect the same, for the control, cure, or removal of such infection; and, in the event that it is found that any such property is infected with any disease or pest, to promptly take and use effective means to control, cure, remove, eradicate, and disinfect for the same; and in case the property cannot be successfully disinfected, to promptly destroy the same. [Code 1980 at § 8.76.010].

9.24.030 Methods of disinfection.

The means and methods required for disinfection shall be as follows:

A. For bacterial diseases, eradication by the removal and destruction of the infected plant or part thereof, care being taken to disinfect all tools used in such removal to prevent the spread of the infection or by any other methods that have been approved by the Insecticide and Fungicide Board of the State Department of Horticulture;

B. For fungus diseases, control or cure by spraying with effective fungicides, such as Bordeaux solution, lime-sulphur solution, sulfide of iron, or other effective fungicides;

C. For chewing insect pests, control or removal by spraying with effective insecticides, such as arsenate of lead solution and arsenate of zinc solution;

D. For sucking insect pests, control or removal by spraying with effective insecticides such as lime-sulphur solution, crude oil emulsion, tobacco solution, distillate oil emulsion, kerosene emulsion, soap solution, and sulphur solution, or combinations thereof;

E. For fungus and insect pests, control, cure, or removal by spraying with such other effective solutions and emulsions as may be recommended by the State Insecticide and Fungicide Board. [Code 1980 at § 8.76.030].

9.24.040 Nuisance declared – Abatement.

Any premises upon which there is growing, grown, or situated any nursery stock or horticultural plants infected and not disinfected as defined in this chapter are declared a nuisance, and the chief of police is required to report the same to the Commissioner of Agriculture of the state for abatement. [Code 1980 at § 8.76.040].

9.24.050 Violation – Penalty.

Any person who fails to perform any duty specified in this chapter or who violates or fails to comply with any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not to exceed $1,000, or imprisoned not to exceed 90 days, or by both such fine and imprisonment. [Ord. 2013-09-073 § 13; Code 1980 at § 8.76.050].